Clay Allison - Colfax County Bad Boy

Clay Allison - Page 3

Clay Allison, 1875.

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"I didn't want to send him to hell on an empty stomach."

-- Allison said after shooting "Chunk Colbert" at Dinner

Charles Cooper, a friend of the late Mr. Colbert, witnessed the shooting. Less than two weeks after Colbert's death, Cooper was seen riding with Allison on January 19, 1874. He was never seen again. People started talking, thinking that Allison had killed him, but others thought that Clay simply intimidated the man into leaving. No evidence was ever found to prove the suspicions that Clay had killed the man, but this event would come back to haunt him during the Colfax War.

The next few years Clay's reputation expanded at the same pace as the booming town of Cimarron. The new owners of the Maxwell Land Grant were aggressively exploiting the resources of the grant and were busy with their attempts at evicting the squatters, settlers, farmers and small ranchers living on the land. The power behind the grant was a group of politicians and financers called the "Santa Fe Ring." Melvin W. Mills, the lawyer that Allison had thrown a knife at several years before, and Dr. Longwell, who had treated Clay's bullet wound, jumped on the bandwagon and joined the political forces behind the "Ring." In a bitter 1875 election, Dr. Longwell was made probate judge, while attorney Mills was made a state Legislator.

As the burgeoning Cimarron settlement was trying to adjust itself to the influx of prospectors, gamblers, and politics, it found itself in the midst of great conflict between the land grant company and the settlers of the area. Sheriffs served eviction notices and retaliation began. Grant pastures were set on fire, cattle rustling increased and officials were threatened at gun point. Grant gang members made nighttime raids of area homes and ranches with threats of violence. The mightily opposed residents formed their own organization which they called the Colfax County Ring, which some said was lead by Clay Allison.

During this time when Cimarron was in the need of salvation, Parson Franklin J. Toby enlisted with the Methodist Circuit Riders, delivering his sermons in Cimarron, Elizabethtown, Ute Park, Ponil and Sugarite. Having always had a respect for men of the cloth, Clay Allison was one of the first to welcome the minister. Tolby loved Cimarron, planning on making it his home, and quickly sided with the settlers in their opposition against the land grant men. He was very open about his opposition, saying that he would do everything that he could to stop the land grant owners. On September 14, 1875 the 33 year-old minister was found shot in the back in Cimarron Canyon, midway between Elizabethtown and Cimarron, near Clear Creek.

Rumors began to circulate that the new Cimarron Constable, Cruz Vega was involved in the murder of the Methodist circuit rider. Tolby's fellow minister and friend, Reverend Oscar Patrick McMains, took up the fight against the "grant men" after Tolby's murder.

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Clear Creek in Cimarron Canyon, Kathy Weiser, July, 2003

Reverend Franklin J. Tolby

The Reverend Franklin Tolby was a victim of the

Colfax County War

Despite a $3,000 reward for the murderer, no progress was being made on finding Tolby's killer and McMains was becoming impatient. The pastor turned to Allison for help, who was more than ready to play judge on horseback.

On the evening of October 30, 1875 a masked mob, who was said to have been lead by Clay Allison and the Minister McMains, confronted Vega. The constable denied having anything to do with the murder, blaming it on a man by the name Manuel Cardenas, who had been hired by his uncle, Francisco Griego and mail contractor Florencio Donaghue. Obviously, the mob did not believe him and he was pummeled and hanged by the neck from a telegraph pole. Unable to stomach the violence, the Reverend McMains panicked and fled midway through the session.

After finding Vega's body later Sunday morning, Francisco "Pancho" Griego, Vega's uncle, claimed the corpse and on Monday morning he and a friend transported the boxed remains to the Cimarron cemetery. Suddenly, Clay rode up with his cowboys and informed Griego that Vega was not to be buried in the same cemetery as his victim, Tolby.

Angry but helpless, Griego, along with several mourners, left and began preparing for a burial outside the graveyard. Following them, Allison further instructed that Vega was not to be buried inside of the city limits. Finally, the remains were placed about a half-mile west of the St. James Hotel.

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Possible grave site of Cruz Vega, about a half-mile west of

the St. James Hotel. Photo courtesy, Albuquerque Tribune

Later that same day, November 1, 1875, Francisco "Pancho" Griego, along with Cruz's eighteen year-old son and Griego's partner Florencio Donahue began making threats to the townspeople in response to Vega's death. Looking for trouble, they wandered into the St. James Hotel. Allison was in the saloon when Griego accused him of being involved in the hanging of Vega. Griego began fanning himself with his hat in an attempt to distract Allison while he drew his gun. But Allison was not fooled and fired two bullets in killing Griego instantly. The saloon was closed until an inquiry could be held the next morning, and according to local accounts of the day, the saloon closing was the most unfortunate aspect of the whole incident. Allison and his men ran rough-shod over Cimarron all week, spreading general chaos. On Thursday they were said to have paraded into the local newspaper, brandishing a knife at the editor and on Friday night, took over Lambert's Inn, where Allison was said to have stripped naked, and performed a war dance over the spot where he had shot Griego, wearing a red ribbon tied around his private parts. On November 10, Allison faced the charges in the killing Griego, but the charges were dropped when the court ruled the shooting a justifiable homicide.

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